After the Floors To Go agreement terminates, is the franchisee allowed to use Floors To Go signs?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
seminating, or in any other manner disclosing or using any Proprietary Information and other proprietary materials, all of which you acknowledge to be our trade secrets;
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- You shall remove the FTG Marks from all Showroom signage, interior and exterior;
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- You shall cease to utilize the FTG System;
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- You shall immediately cease to use, by advertising or in any manner whatsoever, the name "Floors To Go" and any forms, slogans, signs, marks, symbols, and devices used in connection with the operation of a Floors To Go independent Showroom. You shall not represent or advertise that we were formerly parties to this Agreement or that you did business under our trademarks or trade names; and
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- You shall take such action as shall be necessary to cancel any assumed name or equivalent registration which contains the name "Floors To Go" or any of our other trademarks, and you shall furnish to us evidence satisfactory to us of compliance with this obligation within thirty (30) days after said termination.
- c. No right or remedy herein conferred upon or reserved to us is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder.
- d. Termination or expiration of this Agreement shall not affect your rights to operate other independently owned Floors To Go Showrooms in accordance with the terms of any other membership agreements until and unless such other membership agreements, or any of them, are terminated or expire in accordance with their terms.
- e. Notwithstanding any provision herein contained providing for the termination of this Agreement, all obligations of the parties hereto which expressly arise upon or after the termination of this Agreement shall survive such termination.
14. Arbitration
Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its validity or the termination thereof, or a breach thereof (in any such case, a "Dispute") shall be resolved pursuant to the following:
14.1. Initiation. Any party wishing to initiate consideration of a Dispute hereunder shall first give written notice (a "First Notice") to the other party setting forth in reasonable detail the nature of the Dispute. Both parties shall then use their best efforts to negotiate in good faith to diligently resolve the Dispute within fifteen (15) days of the giving and receipt of the First Notice. If the Dispute remains unresolved after the expiration of this fifteen (15) day period, then the party that delivered the First Notice, shall give written notice to the other (a "Dispute Notice"), which notice shall set forth a full disclosure of all factual evidence and a statement of the applicable legal basis of the dispute; provided, however, that (i) failure to provide such disclosure or to state any such legal basis shall not operate as a waiver of such legal basis or operate to preclude the presentation or introduction of such factual evidence in any subsequent arbitration or proceeding or otherwise constitute a waiver of any right or claim which a party may then or thereafter possess; and (ii) any settlement proposal made or provided shall be deemed to have been made or provided as part of a settlement discussion and may not be introduced in any arbitration or proceeding without the prior written consent of the party making such disclosure and/or statement.
- 14.2. Negotiating Teams. Upon giving and receipt of a Dispute Notice, each party shall appoint a negotiating team consisting of not less than one and not more than three representatives (each a "Negotiating Team").
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, franchisees are not allowed to use Floors To Go signs after the termination of the franchise agreement. The franchisee must remove all FTG Marks from showroom signage, both interior and exterior.
Additionally, the franchisee must cease using the Floors To Go system and immediately stop using the name "Floors To Go" in any advertising or manner. They are also prohibited from representing that they were formerly associated with Floors To Go.
The franchisee is obligated to cancel any assumed name registrations that include the name "Floors To Go" or any of its trademarks within 30 days of termination. Evidence of compliance with this obligation must be furnished to Floors To Go.
Furthermore, the franchisee must discontinue the use of all floor covering samples, labels, display racks, proprietary information, advertisements, and any other items bearing the FTG Marks or relating to the FTG System. These proprietary items must be removed from the showroom, and the premises must be de-identified as ever having been a Floors To Go showroom. The franchisee is required to destroy all proprietary items within ten days after the termination or expiration of the agreement.